- 1 - HC-KAR NC: 2026:KHC:29575 WP No. 33113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 33113 OF 2025 (CS-RES) BETWEEN: MRS. BIBI JAN W/O LATE ABDULLA, AGED ABOUT 68 YEARS, HOUSE WIFE, MEMBERHSIP NO. 9123 DOOR NO.2-168, SOORYA HOUSE, IDKIDU VILLAGE AND POST BANTWALA TALUK - 574220. …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATIVE SOCIETY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560001, REPRESENTED BY CHIEF EXECUTIVE. 2. THE RECOVERY OFFICER OF CO-OPERATIVE SOCIETY K.C.S.R 441, DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK (NIYMATIHA), MANGALURU - 575 003, REPRESENTED BY THE ASSISTANT REGISTRAR. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29575 WP No. 33113 of 2025 3. DAKSHINA KANNADA DISTRICT CENTRAL CO-OPERATIVE BANK (NIYAMITHA), MANGALURU - 575003, NO.1113, BRANCH VITTLA - 574240, REGISTERED UNDER CO-OPERATIVE ACT, REPRESENTED BY BRANCH MANAGER. 4. MR. HARUN RASHID W/O LATE ABDULLA, ADULT, MEMBERSHIP NO. 9122, DOOR NO. 2-168, SOORYA HOUSE, IDKIDU VILLAGE AND POST, BANTWALA TALUK - 574220. 5. MR. ADAM, S/O MR. SAYED ISMAIL, ADULT, MEMBERSHIP NO. 8342, DOOR NO. 3-250, KOPLE HOUSE, IDKIDU VILLAGE, MITHOOR POST, BANTWALA TALUK - 574220. 6. MRS. KATHIJAMMA W/O LATE ASHRAF, ADULT, MEMBERSHIP NO. 9125, DOOR NO. 7-504, MAMESHWARA KATTE MANE NELLI GUDDE ROAD, NAVA GRAMA, VITTLA, BANTWALA TALUK- 574220. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2; SRI. RAKSHITH KUMAR, ADVOCATE FOR R3 VIDE ORDER DATED 17.06.2026) - 3 - HC-KAR NC: 2026:KHC:29575 WP No. 33113 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE IN FORM NO.8 AND 9 DATED 15.10.2025 IN DISPUTE NO. NO.274/2024-25, C.E.P NO.32/2025-26 FOR THE AUCTION TO BE HELD ON 26.11.2025 ISSUED BY THE RESPONDENT NO.2 (ANNEXURE-A AND B) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the recovery proceedings initiated by respondent No.2 pursuant to a default committed in respect to loan advanced by respondent No.3. The proceedings have been initiated under the provisions of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). 2. It is seen that the petitioner is having an alternative and efficacious remedy under Sections 105 and 106 of the Act. However, this Court has passed an interim order dated 26.11.2025 which reads as under: - 4 - HC-KAR NC: 2026:KHC:29575 WP No. 33113 of 2025 "Heard learned counsel for the petitioner, learned Additional Government Advocate for respondent Nos.1 and 2 and learned counsel for respondent No.3. It is noticed that the auction of the properties scheduled to be held on 26.11.2025. Learned counsel for respondent No.3 states that a sum of Rs.6,35,812/- is due from the petitioner as on 06.11.2024. Learned counsel for the petitioner undertakes to deposit the amount due along with interest with respondent No.3 before confirmation of auction sale. Submissions are placed on record. In view of the above, respondent No.3 is permitted to hold the auction sale as scheduled. If the petitioner pays entire balance amount due along with interest before the date of confirmation of auction sale, he is entitled for the relief, otherwise respondent No.3 will be entitled to issue Sale Certificate. Await service of notice on respondent Nos.3 to 6." - 5 - HC-KAR NC: 2026:KHC:29575 WP No. 33113 of 2025 3. In light of the same, the Writ Petition is hereby dismissed, reserving liberty to the petitioner to approach the Appellate Authority in the manner known to law. However, the interim order granted by this Court on 26.11.2025 shall continue for a further period of four (4) weeks from today. 4. It is hereby made clear that no opinion is expressed on the merits of the case and if an appeal were to be filed, the Appellate Authority shall decide the same in the manner known to law, without being influenced by any of the observations made herein above. 5. The petitioner shall also be entitled to the benefit of Section 14 of the Limitation Act, 1963, if any appeal were to be filed by her. Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 31